NOTICE OF SUBSTITUTE TRUSTEE’S SALE OF REAL ESTATE
WHEREAS, on July 13, 2017, BRIAN SMITH ELECTRIC, INC., a Tennessee corporation, by Deed of Trust of record in Deed of Trust Book 746, at Page 461, in the Register’s Office of Hardeman County, Tennessee, conveyed the following described property in trust to secure the payment of a Promissory Note in the original principal amount of Seventy Two Thousand and 00/100 Dollars ($72,000.00), payable to CB&S BANK, INC.; and
WHEREAS, the undersigned was appointed Substitute Trustee by CB&S BANK, INC. which appointment will be recorded in the Register’s Office of Hardeman County, Tennessee prior to the deed evidencing this sale; and
WHEREAS, default has been made in the payment of said indebtedness and other provisions of the Deed of Trust have been violated, and CB&S BANK, INC., the lawful owner and holder of the indebtedness, has declared the entire amount due and payable as provided by the Deed of Trust in accordance with its terms, and instructed the undersigned to foreclose. NOW, THEREFORE, the public is hereby notified that the undersigned Substitute Trustee will sell the hereinafter described real estate at public auction, to the highest and best bidder FOR certified funds paid at the conclusion of the sale, at the west door of the Courthouse at Bolivar, Hardeman County, Tennessee, on Tuesday, September 13, 2022, at 11:15 o’clock a.m., said property to be sold in bar of the equity of redemption and subject to the lien of all special assessments against it. If the highest bidder cannot pay the bid within a reasonable time to be announced at the sale, the next highest bidder will be deemed the successful bidder.
Lying, and being situate in the 1st Civil District of Hardeman County, Tennessee, bounded and described as follows; to-wit:
BEGINNING at a stake at the intersection of the east margin of Margin Street with the south margin of U.S. Highway 64 (east market street extended), 30 feet from the center of said Highway, runs thence South 210 feet along the east margin of said Margin Street to a stake in a ditch on the north side of a 20 foot roadway; thence eastwardly parallel to said U.S. Highway 64, 1086 feet along said ditch to a stake; thence North 210 feet to the corner of the concrete overflow bridge, 30 feet from the center of said U.S. Highway 64; thence westwardly with the south margin of said U.S. Highway 64, 1086 feet to the point of beginning. Subject to barrow pit rights of the State of Tennessee. Containing 5.23 acres, more or less.
INCLUDED IN THE ABOVE LEGAL DESCRIPTION BUT EXCLUDED FROM THIS CONVEYANCE ARE THE TRACT(S) OF LAND DESCRIBED AS FOLLOW:
TRACT #1:
BEGINNING at a point in the south line of US Hwy. 64 said point being 30 feet from the center said highway and in line with the west end of the bridge over Spring Creek, also being the northeast corner of the Ross tract as found of record Book B-4, Page 354, thence (1) South 16 degrees 50 minutes West with the east line of the Ross tract a distance of 210 feet; thence (2) North 74 degrees 10 minutes West with Ross’ South line a distance of 208 feet; thence (3) North 16 degrees 50 minutes East with a new divisional line a distance of 210 feet to south line of US Hwy. 64; thence (4) South 74 degrees 10 minutes East a distance of 208 feet to the beginning. Containing 1.00 acres.
TRACT #2:
Point of beginning being a CPS (S) at the intersection of the east margin of Margin Street and the south margin of U.S. Highway No. 64; thence with said margin S. 74 degrees 10 minutes E. 139.95 feet to a CPS (S); thence with a new division and the residue of the Nellie B. Ross property S 16 degrees 11 minutes West 210.0 feet to a point in a drainage ditch (passing through a power pole at 192.54 feet) this also being the north boundary line of the Junious McTizic property (Deed Book E-4, Page 39); thence with same North 74 degrees 10 minutes West 124.41 feet to an iron (S) in the east margin of Margin Street; thence with same North 11 degrees 57 minutes East 210.46 feet to the point of beginning containing 0.637 acres.
PERMANENT EASEMETN RESERVED BY GRANTOR:
A strip of land five (5) feet in width with the centerline of same described below to be used to accommodate a proposed two (2) inch sewer line: Point of beginning being a point located North 16 degrees 11 minutes West 11.46 feet from the southeast corner of the 0.637 acre tract surveyed 4-10-99; thence North 73 degrees 41 minutes West 125.35 feet to a point in the east margin of Margin Street located North 11 degrees 57 minutes East 12.91 feet from the southwest corner of said tract.
Per Certificate of Survey Gene L. Shepard RLS No. 257 dated April 22, 1999.
(Description taken from prior deed of record)
It being the same property as that described in a Warranty Deed from Larry Ross, William Ross and Nelda Maxwell, to Brian Smith Electric, Inc., dated July 3, 2017, and of record in Deed Book 90, at page 177, Register’s Office of Hardeman County, Tennessee.
Map 079B, Group C, Parcel 021.00 and 021.00 001
The street address of the above-described property is believed to be East Market St., Bolivar, Tennessee 38008, but such address is not part of the legal description and in the event of any discrepancy, the legal description herein shall control.
SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION, IF ANY.
This sale is subject to all matters shown on any applicable recorded plat; any unpaid taxes; any restrictive covenants, easements, or setback lines that may be applicable; any statutory rights of redemption of any governmental agency, state or federal; any prior liens or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose. Other interested parties: Border States Electric Supply; Department of the Treasury – Internal Revenue Service; State of Tennessee Department of Labor and Workforce Development; and State of Tennessee Department of Revenue.
This property is subject to Federal Tax Lien Bk 4, at Page 779; Federal Tax Lien Bk 4, at Page 787; Federal Tax Lien Bk 4, at Page 804, Federal Tax Lien Bk 4, at Page 815, Federal Tax Lien Bk 4, at Page 832, and Federal Tax Lien Bk 4, at Page 843, in the Register’s Office of Hardeman County, Tennessee. Notice of said sale required by 26 U.S.C. § 7425(b) to be given to the Department of the Treasury−Internal Revenue Service has been timely given, and said sale will be subject to the right of the Secretary of the Department of Treasury−Internal Revenue Service to redeem such property as provided by 26 U.S.C. § 7425(d)(1).
This property is subject to a Notice of State Tax Lien in favor of the State of Tennessee Department of Revenue, against Brian Smith Electric, Inc., 604 E Market Street, Bolivar, Tennessee 38008-2142, dated January 7, 2021, and recorded January 19, 2021, in Lien Book 26, at Page 372, in the Register’s Office of Hardeman County, Tennessee. Notice of said sale required by T.C.A. § 67-1-1433(b)(1) to be given to the State of Tennessee has been timely given, and said sale will be subject to the right of the State of Tennessee to redeem such property, as provided in T.C.A. § 67-1-1433(c)(1).
This property is subject to a Notice of State Tax Lien in favor of the State of Tennessee Department of Labor and Workforce Development, against Brian Smith Electric Inc., 604 E Market Street, Bolivar, Tennessee 38008, dated May 15, 2019, and recorded May 22, 2019, in Lien Book 25, at Page 557, in the Register’s Office of Hardeman County, Tennessee. Notice of said sale required by T.C.A. § 50-7-404 to be given to the State of Tennessee has been timely given, and said sale will be subject to the right of the State of Tennessee to redeem such property, as provided in T.C.A. § 50-7-404(i)(3)(A).
Title to said property is believed to be good, but the undersigned will sell as Substitute Trustee only and will assign to the purchaser all covenants of warranty contained in said Deed of Trust.
The sale held pursuant to this Notice may be rescinded at the Successor Trustee’s option at any time. Said sale may be adjourned to another time or may be postponed to another date by public announcement at the appointed time of sale without readvertisement.
This office is a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose.
WITNESS my signature, this the 18th day of August, 2022.
BY: STEPHEN L. HUGHES
Substitute Trustee
P. O. Box 320
Milan, TN 38358
(731) 686-1198